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Silent Sniper License Agreement
Software License Agreement This is a legal agreement between you (the "Licensee") and Max Gratton (the "Licensor"). covering your use of the Silent Sniper auction management software (the "Software"). Be sure to read the following agreement before using the Software. BY USING THE SOFTWARE (REGARDLESS IF YOU HAVE REGISTERED THE SOFTWARE OR NOT), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES IN YOUR POSSESSION. SOFTWARE OWNERSHIP 1. The Software and accompanying materials are owned by the Licensor and are protected by United States copyright laws, International laws and international treaty provisions. The Software is licensed and not sold to you by the Licensor in accordance with the terms of this license. GRANT OF LICENSE 2. As long as you comply with the terms of this Software Licensee Agreement (the "Agreement"), the Licensor grants to you a non-exclusive license to use the Software for the purposes described in the accompanying manual and as further set forth below. 3. Paying the license fee allows you the right to use one copy of the Software on a single computer (unless otherwise specified by terms of purchase). 4. Activation of the demo period entitles you the right to use one copy of the Software on a single computer for a 14-day demo period. Once the demo period commences, you must purchase a license or remove the Software from your computer. RESTRICTIONS ON USE 5. You may not copy the Software, except that (1) you may make one copy of the Software solely for backup or archival purposes, and (2) you may transfer the Software to a single hard disk provided you keep the original Software solely for backup or archival purposes. 6. You may not network the Software or otherwise use it or make it available for use on more than one computer at the same time. 7. You may not rent or lease the Software, nor may you modify, adapt, translate, reverse engineer, decompile, or disassemble the Software. 8. This license is non-transferable. DISCLAIMER 9. The Software and its related documentation are provided "AS IS" and without warranty of any kind and the Licensor expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. LIMITATION OF LIABILITY 10. IN NO EVENT WILL THE LICENSOR BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE LICENSORŐS AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. 11. THE LICENSOR SHALL NOT BE LIABLE FOR ANY BIDS PLACED BY THE SOFTWARE ON YOUR BEHALF. EXPORT RULES 12. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement. GOVERNING LAW 13. This Agreement shall be governed by the laws of the State of Colorado. A court of competent jurisdiction in the State of Colorado shall have exclusive jurisdiction over all disputes arising under this Agreement or your use of the Software. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts, the application of which is expressly excluded. 14. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. TERMINATION 15. If you violate any part of this agreement, your right to use this Software terminates automatically and you must then destroy all copies of the Software in your possession. QUESTIONS 16. If you have any questions concerning this Agreement or wish to contact the Licensor for any reason, please write firstname.lastname@example.org or visit the web site at http://www.silentsniper.com.
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